Our May 2018 edition of ESCR-Justice was the 100th edition of our monthly case newsletter, which is connected with our case database of over 200 summaries of positive ESCR cases (all available in English and Spanish, and a growing number in French and Arabic). This represents a significant milestone for ESCR-Net and for recognition of the justiciability of ESCR more broadly. Thank you to all members who have contributed to the development of our case database and its ongoing evolution, particularly the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University School of Law which provides significant ongoing support to case summaries.

Next Steps

If you have suggestions for specific cases to include in the case database, or ideas about the future of database and how we share news about important cases, please contact Joie Chowdhury at jchowdhury@escr-net.org

As some of you may have noticed, the CESCR website is gradually increasing the information available about its pending cases under the OP-ICESCR individual complaints mechanism. Recently, it included a short case description for one pending case (see case 22/2017 against Italy). This is an initial but welcome shift in CESCR practice, in line with recommendations about case information transparency made by the SLWG in previous dialogue with CESCR members. Such additional information allows more informed decisions to be made about potential third party interventions.

Next Steps

Check out information about CESCR pending cases here:

Later this year, we plan to hold the first in a series of litigation strategy workshops. These will bring together litigators and other advocates to discuss current jurisprudence, ongoing cases and gaps in key cross-cutting ESCR issues relevant to ESCR-Net, and how we might use strategic litigation as a key tool to advance these issues. We are currently preparing a concept note in initial discussion with the SLWG steering committee, to be shared with the wider Working Group in coming weeks.

Next steps

In the meantime, please share any proposals for potential collective action related to litigation or third party interventions by contacting the secretariat via our Legal Director, Susie Talbot (email stalbot@escr-net.org) or share ideas with/seek bilateral support on national or regional level cases from fellow SLWG members via the google group (email strategiclitigation@googlegroups.com).

Members developed a collective submission to CESCR outlining key considerations and proposals concerning the Spanish government’s implementation of CESCR’s general recommendations in the housing rights case MBD v Spain (Communication 5/2015). This was the first submission by members under the new CESCR’s new working methods on follow-up to Views under the OP-ICESCR.

In addition to support to implementation in this specific case, member experience gained during this and subsequent civil society engagement with CESCR’s new implementation procedure will inform future discussions with CESCR and other UN treaty bodies about how we can continue to strengthen participatory and effective approaches to follow up.

Next steps

Access the collective submission and read more about our strategic implementation collective activity on our updated SLWG webpage:

Earlier this month, ESCR-Net and member Endorois Welfare Council coordinated a workshop on ‘Human rights principles and organising for Endorois women leaders’. The workshop took place on the Endorois community’s ancestral lands, from which they have been evicted, and involved over 30 women leaders from 15 different locations. The workshop focused on (1) foregrounding women as leaders in community training, organising and outreach, to support ongoing implementation of the landmark African Commission on Human and Peoples’ Rights land rights decision in favour of the Endorois; (2) supporting women with tools and strategies to advocate with various levels of government to demand their rights to education, public health care, water and sanitation, among others; and (3) creating a network of support among emerging women leaders, as well as strong ties with fellow Kenyan ESCR-Net members and allies.  

Next steps

See further information about our collective implementation activity on the Endorois decision:

In recent months, members continued action towards strengthening implementation practices within the inter-American regional human rights system, through ongoing engagement with the Inter-American Commission on Human Rights and the Special Rapporteur on Economic, Social, Cultural and Environmental Rights, and the development of proposals on implementation practices.

Next steps

Read more about the SLWG’s recent engagement with the Inter-American Commission on Human Rights on implementation issues.

We are pleased to announce that we have concluded the hiring process for the new SLWG program coordinator and will be introducing the new Working Group program coordinator to everyone when they join the secretariat officially in late June. Thank you for your patience and continued engagement during this secretariat transition period.

Thank you to SLWG members who participated in recent online and other discussions in connection with our network-wide exploration of campaigning and other forms of network-wide collection action to advance human rights-based approaches to common global conditions and cross-cutting issues. Several interesting proposals emerged through these initial discussions, concerning the expertise and ideas SLWG members could offer towards such cross-network action during the upcoming strategy meeting in Durban this July and beyond. Among others, these include considering strategic litigation components of any campaign, recording and amplifying violations, drawing on the positive working relationship with CESCR members, and various thematic ideas that will be considered with others contributed by other working groups. We will continue to share information and facilitate conversations as we move forward.